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What is the scope of the industrial and commercial bureau’s enforcement powers?

The administrative law enforcement position of the Industrial and Commercial Bureau is to perform administrative law enforcement duties on behalf of the country, such as market (broadly defined) supervision, economic case investigation and special inspection, etc. Industrial and commercial department functions are national civil servants. This position requires proficiency in and Accurately apply laws, regulations and relevant policies related to work, act in accordance with the law, and enforce the law fairly. The laws to be mastered include the "Company Law", "Trademark Law", "Advertising Law", "Consumer Rights and Interests Protection Law", "Anti-infringement Law" "Fair Competition Law"...You also need to have relevant legal knowledge such as "Evidence Law", "Commercial Law" and so on. Moreover, this position requires you to constantly update your business knowledge in order to better manage according to the law. You can go here to see the answer supplement/show.aspx?id=276amp;cid=15 The answer supplement is Chapter 1 General Provisions

Article 1 is to comprehensively standardize administrative law enforcement behavior and improve work efficiency. According to the State Council's " This system has been formulated by "Comprehensively Promoting the Implementation Outline of Law-Based Administration" and Jiangsu Provincial Administration for Industry and Commerce's "Evaluation Plan for the Provincial Industrial and Commercial Administration System's Law-Based Administration Work".

Article 2 This system applies to all positions within the scope of this bureau and all administrative law enforcement personnel working in the positions specified in this system.

Article 3 The positions established in this system are based on the "Regulations on Functional Configuration, Internal Organizations and Staffing of Yangzhou Gaoyou Industrial and Commercial Administration Bureau" by the Jiangsu Provincial Organization and Establishment Committee.

Chapter 2 Agency Position Responsibilities

Article 4 Office (including Financial) Responsibilities

1. Organize and coordinate the daily work of the Bureau;

2. Responsible for the bureau’s secretarial work, government information, suggestions and proposals, letters and visits, confidentiality, news publicity, research, etc.;

3. Responsible for the management and infrastructure of system-wide equipment, fixed assets Project accounting work;

4. Coordinate the system-wide residence informatization, file management and statistical work;

5. Responsible for system-wide financial fund management and budget, accounting, decision-making and Charge management, bill management, internal audit supervision;

6. Guide the basic accounting work of affiliated institutions and the entire system.

Article 5 Responsibilities of the Personnel Education Section

1. Responsible for the assessment, appointment and dismissal, dismissal, resignation, and file management of cadres managed by the bureau; answer supplement 2. Responsible for the system-wide personnel plan , personnel deployment, professional title evaluation, wages, benefits and statistics;

3. Responsible for system-wide institutional establishment management, infrastructure construction, spiritual civilization construction, selection and commendation, and education and training;

4. Responsible for the daily service, management, activity arrangements and other work of veteran cadres.

Article 6 Responsibilities of the Legal Department

1. Responsible for the review and hearing of administrative penalty cases in the system, as well as administrative reconsideration and administrative litigation responses;

2. Organize the publicity, training and legal education of industrial and commercial administration laws, regulations and rules;

3. Organize the supervision of industrial and commercial administration law enforcement;

4. Organize the implementation of administrative law enforcement Responsibility system;

5. Guide the legal work of the entire system.

Article 7 Responsibilities of the Registration Section

1. Examine, approve and issue domestic-funded enterprises (including sole proprietorships and partnerships), individual industrial and commercial households and other businesses within the jurisdiction The unit's license;

2. Review and issue the advertising registration certificate within the jurisdiction.

Article 8 Responsibilities of the Supervision and Management Section (including enterprise, trademark, advertising, individual and private management)

1. Responsible for the annual inspection of enterprises registered with this bureau and the supervision of enterprises within the jurisdiction Management work;

2. Organize and investigate cases that violate relevant registration management laws and regulations;

3. Responsible for the supervision and management of trademark use, trademark printing and trademark verification;

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4. Organize and investigate trademark infringements and other illegal cases in trademark use; Supplementary answer to the answer: 5. Organize and implement the approval of advertising business qualifications;

6. Organize and investigate and deal with illegal advertising;

7. Guide the work of trademark associations, advertising review agencies and advertising associations;

8. Organize and guide the supervision and management of individual industrial and commercial households, individual partnerships and sole proprietorships;

9. Guide the development of the city's individual and private economy;

10. Guide the work of the individual and private economic associations.

Article 9 Responsibilities of the Foreign Investment Registration and Management Section

1. In accordance with the relevant national foreign-related policies and regulations, and under the leadership of the Yangzhou Industrial and Commercial Bureau, carry out relevant work on the registration and management of foreign-invested enterprises in accordance with the law;

2. Seriously study and implement relevant national foreign-related policies and regulations, strengthen the training of laws and regulations for foreign-invested enterprise liaison officers, and do a good job in consulting and reporting;

3. Coach enterprises to do Prepare relevant preparations for business opening, change, and cancellation applications, and conduct a preliminary review (including on-site investigation) of the documents, certificates, and completed registration applications submitted by the enterprise. After the registration materials are complete, preliminary opinions will be submitted to the Yangzhou Industry and Commerce Bureau for review;

4. Guide the grassroots industrial and commercial branches to implement economic household registration management for foreign-invested enterprises in accordance with the "Economic Account Management Measures of the Jiangsu Province Industrial and Commercial Administration System";

5. Contribute capital to foreign-invested enterprises in the jurisdiction and inspect the performance of the contract and articles of association, and report relevant reports and situations in a timely manner; Answer supplement 6. Under the guidance of the Yangzhou Industrial and Commercial Bureau and in accordance with the entrusted authority, directly undertake the annual inspection and preliminary review of foreign-invested enterprises in the jurisdiction, and be responsible for summarizing this Summary, statistical analysis and reporting of annual inspection reports of domestic and foreign-invested enterprises in the jurisdiction, and assist the Yangzhou Industrial and Commercial Bureau in completing the computer entry of annual inspection reports;

7. Investigate violations of registration management laws by foreign-invested enterprises in the jurisdiction , laws and regulations cases, submit handling opinions to the Yangzhou Industrial and Commercial Bureau for processing;

8. Timely reflect new situations and new problems in the work, do a good job in investigation and research, and explore new ways of registration management;

9. Do relevant work according to the scope of authorization (except for those that the Yangzhou Bureau deems necessary to handle directly);

10. Actively complete other tasks assigned by the Yangzhou Bureau.

Article 10 Responsibilities of the Market Contract Management Section

1. Organize and regulate the business order of various markets;

2. Supervise and manage various consumer goods markets in the city , production materials market;

3. Participate in market cultivation and market layout planning, and be responsible for managing and guiding market registration and statistical work;

4. Responsible for the management of commodity exhibitions;

5. Responsible for the supervision and management of online trading activities and business activities;

6. Supervision and management of economic persons in the city;

7. Organize the investigation and punishment of contract violations ;

8. Responsible for corporate mortgage registration, accepting contract authentication, administrative mediation of contract disputes, organizing, supervising and managing auctions;

9. Guiding the work of the Economic Association and the Enterprise Credit Management Association . The answer is supplemented by Article 11: Responsibilities of the Fair Trade Supervision Section

1. Organize and investigate monopoly, unfair competition, smuggling and other economic violations in the circulation field in market transactions;

2. Responsible for the supervision and management of commodity quality in the circulation field;

3. Organize the investigation and handling of cases that seriously infringe on the legitimate rights and interests of consumers.

Article 12 Responsibilities of the Consumer Rights Protection Section

1. Responsible for guiding the consumer rights protection work of grassroots branches;

2. Responsible for the quality of commodities in the circulation field Supervision and management;

3. Organize the investigation and handling of cases that seriously infringe on the legitimate rights and interests of consumers;

4. Responsible for the acceptance, transfer and handling of consumer complaints and reports;

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5. Responsible for the work of the 12315 Complaint and Report Acceptance Center;

Article 13 Responsibilities of the Economic Supervision and Inspection Brigade

1. Responsible for investigating and handling monopoly and illegal activities in market transactions Cases of fair competition, smuggling, distribution of counterfeit and shoddy goods and other economic violations in the field of circulation;

2. Undertake special rectification work of market supervision in the city.

Chapter 3 Responsibilities of Grassroots Industrial and Commercial Branch

Article 14 Responsibilities of Branch Directors

1. Preside over the overall work of the branch;

2. Organize the entire branch staff to conscientiously study and implement laws, regulations, rules and relevant policies, learn political tofu and business knowledge, and continuously improve the political and professional quality of the entire branch staff; Answer supplement 3. Lead the entire branch staff to conscientiously perform the duties of the industrial and commercial branch , to achieve clear goals, careful planning, scientific division of labor, implementation of responsibilities, and appropriate measures, do a good job in the assigned work and supervise and inspect the implementation of other tasks to ensure the successful completion of the target tasks;

4. Coordinate internal and external relations, implement the work arrangements of the higher-level industrial and commercial bureaus, actively work around the center, and serve the development of the local economy;

5. Handle various matters within the scope of authority in accordance with the prescribed authority, and establish and improve internal management system, take the lead and urge all branch personnel to implement it;

6. Seriously do a good job in building the party organization of the industrial and commercial branch, implement the "three meetings and one lesson" system, and do a good job in building a clean government in the branch;

7. Guide personal associations, consumer association branches and other organizations within the jurisdiction to carry out various activities;

8. Do a good job in the ideological and political work of overall personnel and actively care about their study, life and work;

9. Strengthen the infrastructure construction of the industrial and commercial branch, actively explore, pioneer and innovate, and provide scientific basis for superior leaders' decision-making;

10. Complete other tasks assigned by the superior industrial and commercial bureau.

Article 15 Responsibilities of the Deputy Branch Director

1. Assist the branch director in carrying out his work, and concurrently serve as the branch's legal officer and disciplinary inspection supervisor;

2. Organization and implementation Supervise and manage the behavior of market entities and market transactions in the jurisdiction, and be responsible for market inspections;

3. Responsible for formulating and organizing the implementation of regional patrol plans within the jurisdiction, and guiding inspection supervisors to carry out their work;

4. Comprehensively understand the basic situation of various market entities within the jurisdiction, and organize special or comprehensive law enforcement inspections; 5. Responsible for the supervision and management of trademark use, printing, advertising operations, contract performance, etc. within the jurisdiction;

6. Responsible for the administrative punishment work of the Industry and Commerce Branch, investigating and handling economic violations and regulations cases within the jurisdiction, and responsible for the drafting or preliminary review of legal documents;

7. Reporting work to the branch director regularly, analyzing and synthesizing in a timely manner Supervise the situation and put forward work suggestions;

8. Assist the branch director in handling internal and external relations, understand the thoughts and work dynamics of the personnel in the branch, and do a good job in building a clean and honest work;

9. Sub-director During the outing, preside over the work of the branch to ensure the smooth progress of the work of the entire branch;

10. Complete other tasks assigned by the superior industrial and commercial bureau and the branch director.

Article 16 Responsibilities of the Economic Supervision and Inspection Squadron

1. In accordance with the provisions of laws and regulations, be responsible for investigating and handling illegal cases of various market entities within its jurisdiction;

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2. Undertake the investigation cases entrusted by the police station;

3. Undertake the special rectification work of market supervision within the jurisdiction according to the arrangements of the superior bureau.

Chapter 4 Responsibilities of Staff in Relevant Positions

Article 17 Responsibilities of Legal Officers

1. Responsible for verification in the name of the unit or by the police station Entrust administrative penalty cases to be made in the name of the police station using general procedures;

2. Assist the legal affairs department of the police station to complete the hearing work requested by the parties for the proposed administrative penalty cases that meet the hearing conditions;

Answer supplement 5. Organize and carry out legal training and learning activities for the unit;

6. Provide legal consulting services for the unit’s administrative law enforcement;

7. Responsible for liaison with the legal affairs department of the police station, convey the work requirements of the superior legal affairs department, and report work to the legal affairs department of the police station;

8. Complete other tasks assigned by the unit and the superior legal affairs department.

Article 18 Responsibilities of the Case Sponsor

1. Responsible for handling the filing procedures of general procedure cases;

2. Responsible for the investigation and evidence collection of the case, and Case facts;

3. Handle various procedures for taking administrative compulsory measures in accordance with the law;

4. For cases that should be reviewed according to the law, write investigation conclusion reports and draft administrative penalty decisions The letter together with the case materials shall be submitted to the legal institution for review and review as required;

5. After the penalty proposal is approved, the administrative penalty notice shall be made orally to the party concerned or a penalty notice shall be prepared and delivered in accordance with the law;

6. Listen to and record the statements and defenses of the parties;

7. For cases that meet the hearing conditions, prepare and serve hearing notices to the parties in accordance with the law;

8. . Participate in the hearing if the parties request the hearing, present the illegal facts, evidence, basis and punishment suggestions to the parties and conduct debate; 9. Serve the administrative penalty decision to the parties in accordance with the law;

10. Supervise the parties to fulfill the penalty decision;

11. If the party refuses to fulfill the penalty decision, apply to the people's court for compulsory execution together with the legal institution within the time limit; Supplementary answer 12. Administrative review of the case handled , administrative compensation and administrative litigation, and cooperate with the legal institutions to do a good job in reconsideration, compensation and litigation response;

13. Responsible for the filing of cases handled.

Article 19 Responsibilities of registration acceptance personnel

1. According to laws, regulations, rules and normative documents of registration authorities at all levels, confirm whether the name or enterprise applying for registration belongs to The jurisdiction of this registration authority;

2. Examine whether the types and quantities of submitted documents are complete according to the type of enterprise, and whether the department, level, and form that issued the approval documents or certificates comply with laws and regulations;

3. Whether the submitted documents are originals or copies signed and verified by the applicant. Copies of approval documents and investor certificates should be checked against the originals;

4. Overtime application, whether to submit relevant explanatory materials;

5. Whether the person entrusted with registration complies with the relevant regulations of the State Administration for Industry and Commerce;

6. Whether the name applied for registration has an enterprise The name of the legal person contains the name of other legal persons, the name of a foreign country (region), the name of an international organization, the name of a political party, the name of a military and political agency, the name of a mass organization, the name of a social group, the name of a military unit, etc.;

7. Application Whether all items in the book are filled in completely and whether the meaning is expressed clearly and without ambiguity.

Answers to Article 20 Responsibilities of Reviewers 1. Articles of Association: Whether the required matters in various types of articles of association are complete, and whether the contents of the articles of association comply with the laws and regulations on enterprise registration, the provincial government and the State Administration for Industry and Commerce The provisions of regulations and normative documents, and whether the signature of the articles of association complies with the regulations

2. Capital verification report: whether the investor, the amount of investment, the method of investment, and the proportion of investment are consistent with the articles of association and application form, and the source and economic nature of the funds Whether they are consistent, whether the content of the capital verification report is complete, and whether the conclusion is clear.

3. Shareholders (investors) or promoters: Whether the qualifications of shareholders (investors) or promoters comply with the provisions of laws, regulations, provincial government and State Administration for Industry and Commerce regulations and normative documents shall be determined. Propose review opinions on the shareholder investment ability issues stated in the capital verification report, and check whether the shareholders (investors) or sponsors in the articles of association, capital verification report, application for registration and relevant certificates are consistent.

4. Legal representatives, directors, supervisors, and managers: whether their employment documents comply with laws, regulations, and corporate articles of association.

5. Domicile: Check whether the address in the company's articles of association, application form and residence use certificate are consistent, whether there is proof of legal use rights, and whether the same registered address is relatively independent.

6. Business scope: Whether the terminology of the business scope is standardized, whether the items in the business scope that are subject to approval according to laws and administrative regulations are submitted to relevant departments for approval as required, and whether the terminology of the business scope is consistent with the approval documents or certificates The terms used above are consistent, and whether there are corresponding explanations and supporting materials for the non-standard terms used. Answer supplement 7. Name: Whether the content expressed in industry terms is consistent with the business scope of the enterprise, and whether the enterprise name consists of the trade name (or trade name), industry or business characteristics, organizational form, and is preceded by the province, city or county where the enterprise is located Administrative division name, whether there are any words and contents that are not allowed in the enterprise name, and whether the enterprise name is the same as or similar to the registered name of the same industry.

8. Changes: In addition to reviewing the change registration according to the above requirements, the change registration materials should also be checked against the corporate archives to check whether the changes comply with the provisions of the company's articles of association, and whether the submitted resolutions and decisions are consistent with the company's articles of association. The laws, regulations and articles of association of the enterprise are consistent, whether the agency or department that made the resolution or decision has changed, whether there are obvious doubtful signatures, and whether the business scope of the branch exceeds the business scope of the parent company.

Article 21 Responsibilities of the Approving Personnel

The approving personnel shall be responsible for the name, shareholder qualifications, capital verification report, approval documents, relevant organizational structure and formation methods, powers, rules of procedure and regulations in the Articles of Association. The reviewers will review the issues raised in the review opinions and sign opinions on approving the registration or disapproving the registration within the legal time.

Article 22 Responsibilities of 12315 Complaint and Reporting Desk Personnel

1. In accordance with the "Consumer Rights Protection Law", "Penalty Measures for Consumer Fraud" and other laws, regulations, acceptance procedures All types of complaints that infringe upon the legitimate rights and interests of consumers will be handled in accordance with the law. Answer supplement 2. Accept reports on the production and sale of counterfeit and shoddy goods, smuggling, unfair competition and other violations of industrial and commercial regulations.

3. According to the principle of “centralized and unified acceptance, hierarchical and classified processing”, register, analyze, transfer and supervise all types of complaints and reports accepted.

4. Responsible for responding to complaints and reports received, organizing and filing case files, etc.

5. Guide the business work of the next-level complaint reporting agency.

6. Complete other tasks assigned by the Director’s Office.

Article 23 Responsibilities of Supervision and Management Personnel

1. In accordance with the requirements for classified supervision of economic household registration, be responsible for the daily inspection and supervision of various market entities within the jurisdiction, and publicize laws , laws and regulations;

2. Formulate inspection plans in a timely manner;

3. Investigate and deal with various illegal activities;

4. Responsible for various markets within the jurisdiction Annual inspection and licensing work of the subject;

5. Establish various supervision and management accounts, responsible for the posting and computer entry of supervision and management data

6. In accordance with the provisions of laws and regulations Request to collect management fees;

7. Complete other tasks assigned by the leaders of the unit.